Region: Australia

Litigation procedures and strategies: Australia

Featured in Trademark Litigation: A Global Guide 2020

06 December 2019

Counterfeit hotspots in Australia and New Zealand that brand owners must be aware of

Featured in Physical marketplace counterfeit hotspots

In the latest edition of our regular series focused on marketplaces across the world that reportedly engage in the trade of counterfeit goods, we head to Australia and New Zealand.

12 November 2019

Trademarks and "style names" - can you tell the difference?

The decision of the Federal Court of Australia in Pinnacle v Triangl provides a new characterisation of the defence that a name is not being used as a trademark, when there is also use of a principal or ‘house’ brand.

31 October 2019

Havarti cheese backlash highlights controversial and emotive nature of geographical indications

Last week, the European Commission entered the name ‘Havarti’ onto the register of protected geographical indications. The ensuing backlash serves as a microcosm of the emotive political discourse that surrounds this form of IP protection.

28 October 2019

A tale of two flags: who owns the right to use?

The Australian government is considering whether to compulsorily acquire the rights to use the Aboriginal flag on public policy grounds. The debate raises questions over whether similar moves could occur in other jurisdictions.

01 October 2019

Asia-Pacific trends and top filers: 2017-2018

Featured in Prosecution

World Trademark Review takes a deep dive into the top Asia-Pacific trademark offices and how they are modernising their systems to better protect applicants and streamline procedures. While this has positively affected filing levels, economic performance and domestic businesses will be key going forward.

01 October 2019

The Aboriginal flag dispute in focus: who owns the right to use?

The Australian government is considering whether to compulsorily acquire the rights to use the Aboriginal flag on public policy grounds. Kate O'Rourke of Mewburn Ellis takes a deep dive into the debate.

23 September 2019

New Zealand thrives where others have failed – and it is all down to brand

The small island country has boosted its tourism by turning itself into a brand; the jurisdiction is increasingly attractive for multinational brands and it makes its presence known on the world stage.

21 September 2019

Taking the Pisco: protecting regional products

The discussion of geographical indications (GIs) in Australia has recently heated up as IP protection is a focus of the forthcoming Australia-EU Free Trade Agreement. Here is what Australian producers need to know.

10 September 2019

Federal Court clarifies limitation of own name defence

In Mitolo Wines Aust Pty Ltd v Vito Mitolo & Son Pty Ltd, the Federal Court of Australia has found that use of the name V. Mitolo and Son infringed trademark registrations for the mark MITOLO in relation to wine.

09 September 2019

Unlock unlimited access to all WTR content